Case 2500438/2019 · Employment Tribunal
Miss K Oliver v Durham Tees Care Limited T/A Kare Plus — 2020
- Case reference
- 2500438/2019
- Decision date
- 22 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Langridge Members
- Venue
- North Shields Hearing Centre
- Panel members
- Mr R Dobson, Mrs P Wright
Parties
2 namedClaimant
Miss K Oliver
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the claims under sections 13, 18 and 26 of the Equality Act 2010 were brought out of time under section 123. It found that the relevant acts ran from 14 March 2018 to at latest 8 August 2018, that the later grievance correspondence and the 20 December 2018 letter did not amount to a single continuing course of conduct, and that there were no grounds to extend time on a just and equitable basis. The claimant gave no substantive explanation for the delay beyond a bare reference to post-natal depression, and she had been corresponding with the respondent and ACAS by November 2018.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | Dismissed as out of time under section 123 Equality Act 2010; in any event the tribunal found the disputed comments and management decisions were not because of pregnancy or maternity, and the redundancy and Operations Manager decisions had a business rationale. | Dismissed | Pregnancy and maternity | — |
| Sex discrimination | Direct sex discrimination was pleaded on the basis that the claimant's job was taken from her and given to a man; the tribunal found the new Operations Manager post was different and more senior, and that the claimant was not denied an opportunity to apply. | Dismissed | Sex | — |
| Harassment | The tribunal found no unwanted conduct related to sex was proved; the alleged comments were either not made as alleged or were innocuous, and the claim was out of time in any event. | Dismissed | Sex | — |
Legal tests applied
7 references- s.18 Equality Act 2010
- s.26 Equality Act 2010
- s.123 Equality Act 2010
- s.123(3) continuing act
- just and equitable extension
- s.136 Equality Act 2010 burden of proof
- Webb v EMO Air Cargo (UK) Ltd
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.